LCR4805 Assignment 1 Semester 1 2026 – Due 13 March 2026

LCR4805 ASSIGNMENT 1 2026
DUE MARCH 2026

Question 1

(a) The Meaning of “Publication” in Defamation Law

In the context of a defamation claim, “publication” is a technical term referring to the act
of making defamatory content known to at least one person other than the plaintiff.¹ It is
the crucial element that distinguishes a private insult from a delict that harms one’s
reputation, as the esteem in which the plaintiff is held by others can only be damaged if
a third party learns of the defamatory statement.² Mr Rodgers must therefore prove that
the blog article was communicated to and understood by a person or persons other than
himself.

Publication can take place in various ways. In the digital sphere, it occurs the moment a